It shall be unlawful for any person 18 years of age or older to engage in peddling or solicitation activities within the City of Hyattsville without first obtaining a permit issued by the department, provided, however, that the following are exempted from the permit provisions of this article:
A. 
A "canvasser" as defined in section 90-1.
B. 
Any solicitation made upon premises owned or occupied by an organization upon whose behalf the solicitation is made;
C. 
Any communication by an organization soliciting contributions solely from persons who are members of the organizations at the time of such solicitation;
D. 
Any solicitation in the form of a collection at a regular meeting, assembly or service of a charitable person; or
E. 
Any solicitation for the relief of any individual specified by name at the time of the solicitation where the solicitor represents in each case that the entire amount collected shall be turned over to the named beneficiary.
Every person not exempted under section 10-20 above who is subject to the provisions of this ordinance shall file with the department an application in writing on a form to be furnished by the department, which shall provide the following information:
A. 
Proof of age, address and identification of the applicant, to be provided through the applicant's driver's license, Articles of Incorporation (for sponsors), or other legally recognized form of identification;
B. 
A brief description of the business or activity to be conducted;
C. 
The hours and location for which the right to peddle or solicit is desired;
D. 
If employed, the name, address and telephone number of the employer, or if acting as an agent, the name, address and telephone number of the principal who is being represented, with credentials in written form establishing the relationship and the authority of the employee or agent to act for the employer or principal, as the case may be;
E. 
A statement or background check acceptable to the department as to the applicant including whether or not the applicant has been convicted of a felony, misdemeanor or ordinance violation (other than traffic violations), the nature of the offense or violation, the penalty or punishment imposed, the date when and place where such offense occurred, and other pertinent details thereof;
F. 
Proof of possession of any license or permit which, under federal, state or local laws or regulations, the applicant is required to have in order to conduct the proposed business, or which, under any such law or regulation, would exempt the applicant from the licensing requirements of this ordinance; and
G. 
A photograph of the applicant.
At the time the application is filed with the department, the applicant shall pay a reasonable fee to cover the cost to the City of processing the application and investigating the facts stated therein. In addition, the permit fee shall be $15 for each solicitor or peddler.
A. 
Upon receipt of an application and other required documents, the department shall review the application as deemed necessary to ensure the protection of the public health, safety and general welfare.
B. 
If the department finds the application to be satisfactory, the head of the department shall endorse his or her approval on the application and shall, upon payment of the prescribed costs and fee, deliver the required permit to the applicant.
C. 
The permit shall show the name, address and photograph of the permittee, the class of permit issued the kind of goods or services to be sold or delivered, the date of issuance and the length of time that the permit shall be in effect. The permit shall also show the permit number and identifying description of any vehicle to be used in carrying on the business for which the permit is issued.
D. 
A record of all permits issued shall be maintained by the department for a period of five years.
A. 
Upon review of the application, the department head may refuse to issue a permit to the applicant for any of the following reasons:
(1) 
The location and time of solicitation or peddling would endanger the safety and welfare of the solicitors, peddlers or their customers;
(2) 
An investigation reveals that the applicant falsified information on the application, or on previous applications within the past three years;
(3) 
The applicant has been convicted of a felony or crime involving a sex offense, an act of moral turpitude, trafficking in controlled substances (not simple possession), or any violent acts against persons or property, such conviction being entered within the five years preceding the date of application;
(4) 
The applicant is a person against whom a judgment based upon, or conviction for, fraud, deceit or misrepresentation has been entered within the five years immediately preceding the date of application;
(5) 
There is no proof as to the authority of the applicant to serve as an agent to the principal; or
(6) 
Within the immediate past three years the applicant has been denied a permit under this ordinance or had such permit revoked, unless the applicant can and does show to the satisfaction of the department that the reasons for such earlier denial no longer exist.
(7) 
The applicant has within the past three years disregarded oral or written warnings regarding violations of this article.
(8) 
Such other extraordinary circumstances exist that the issuance of the permit would represent a danger to the applicant or the public.
B. 
The department's disapproval and the reasons for disapproval shall be noted on the application, and the applicant shall be notified that the application is disapproved and that no permit will be issued. Notice shall be mailed to the applicant at the address shown on the application form, or at the applicant's last known address.
All permits issued under the provisions of this ordinance shall expire 60 days from the date of issuance, unless an earlier expiration date is noted on the permit.
Every person obtaining or acting under a permit under this article shall exhibit the permit as well as any government issued photo id when requested to do so by any prospective customer or department employee or police officer.
It shall be unlawful for any person other than the permittee to use or wear any permit or badge issued under this article.
It shall be unlawful for any person, whether licensed or unlicensed, while conducting the business of a peddler or solicitor to enter upon any residential premises in the City where the owner, occupant or person legally in charge of the premises has posted, at the entry to the premises, or at the entry to the principal building on the premises, a sign bearing the words "no peddlers," "no solicitors" or words of similar import.
No person, while conducting the activities of a peddler or solicitor, whether licensed or unlicensed, shall enter upon any private property, knock on doors or otherwise disturb persons in their residences between the hours of 7:00 p.m. and 9:00 a.m.
Any permit issued may be temporarily suspended upon oral or written order of the department for up to 14 days. A permit may be revoked by the department, after notice of the right to a hearing, for any of the following reasons:
A. 
Fraud, misrepresentation or false statement contained in the application for a permit;
B. 
Fraud, misrepresentation or false statement made by the permittee in the course of conducting solicitation or peddling activities;
C. 
Conducting peddling or solicitation activities contrary to the provisions contained in the permit;
D. 
Conviction for any crime involving moral turpitude; or
E. 
Conducting peddling or solicitation activities in such a manner as to create a public nuisance, constitute a breach of the peace, or endanger the health, safety or general welfare of the public.
Notice of a hearing for revocation of a permit issued under this ordinance shall be provided in writing and shall set forth specifically the grounds for the proposed revocation and the time and place of the hearing. Notice shall be mailed, postage prepaid, to the permittee at the address shown on the permit application or at the last known address of the permittee. The head of the department or designee will preside at the hearing.
A. 
Any person aggrieved by the action or decision of the department to deny, suspend or revoke a permit applied for under the provisions of this ordinance shall have the right to appeal such action or decision to the City administrator within 15 days after the notice of the action or decision has been mailed to the person's address as shown on the permit application form, or to his last known address.
B. 
An appeal shall be taken by filing with the department a written statement setting forth the grounds for the appeal.
C. 
The department shall transmit the written statement to the City administrator within 10 days of its receipt and the City administrator shall set a time and place for a hearing on the appeal.
D. 
A hearing shall be set no later than 20 days from the date of receipt of the appellant's written statement.
E. 
Notice of the time and place of the hearing shall be given to the appellant in the same manner as provided for the mailing of notice of action or decision.
F. 
The decision of the City administrator on the appeal shall be final and binding on all parties concerned.
[Amended 12-5-2016 by HO-2016-02]
Any person claiming to be legally exempt from the regulations set forth in this ordinance, or from the payment of a permit fee, shall cite the statute or other legal authority under which exemption is claimed and shall present proof of qualification for such exemption.
A. 
Violation of any of the provisions of this article shall be treated as a municipal infraction, and shall, upon conviction, be punishable by a fine of $100 for the first offense and $500 for each subsequent offense.
B. 
Any person violating this Article III after he, she, they have within the previous 24 months had a permit under this article denied or revoked or been ordered to cease and desist shall be guilty of a misdemeanor punishable by a $1,000 fine and/or imprisonment for 30 days.
C. 
Cease and desist orders:
(1) 
Whenever any person or entity is engaging in any conduct in violation of this article, the department may order the person(s) or entity to cease and desist all or part of the activity until the violation is corrected. An oral cease and desist order shall be followed by a written cease and desist order within 24 hours (excluding Saturday, Sunday or holidays).
(2) 
It shall be unlawful to carry on any business or solicitation in violation of a cease and desist order except as necessary to prevent injury to persons or property or to correct the violation.
(3) 
A cease and desist order shall contain a written notice indicating that there is a right to a hearing before the City administrator pursuant to this article.
The provisions of this Article III are declared to be severable. If any section, sentence, clause or phrase shall for any reason be held to be invalid or unconstitutional by a court of competent jurisdiction, such decisions shall not affect the validity of the remaining sections, sentences, clauses and phrases of this ordinance, but they shall remain in effect; it being the legislative intent that this ordinance shall remain in effect notwithstanding the validity of any part.